Kendo 2 Posted March 30, 2016 Share Posted March 30, 2016 Preamble: NSFWmods.com is an adult-oriented website based and hosted in the United States of America. As such the U.S. Constitution, Bill of Rights, and the Constitutional Amendments do apply. Unless otherwise specified in the NSFWmods Community Rules, NSFWmods.com does not regulate or interfere with Protected Free Speech. U.S. Federal Law, Obscenity and the Miller Test: The laws regulating pornography and what is or is not obscene vary from state to state. There isn’t a clear and concise definition that will apply in all instances and in all states. The Federal Law is intentionally ambiguous as to allow states to determine what obscenity is in their jurisdictions. To remedy this NSFWmods.com uses two qualifiers to determine what is or is not obscene; The Miller Test and Staff discretion and consensus. If user content submitted to NSFWmods.com passes the Miller Test and does not violate Community Rules it is considered Protected Free Speech. If the content is not obscene as defined by Miller but has the potential to disrupt the community or draw unwanted attention to the site it will be reviewed by the Staff as to its appropriateness. To avoid this process a good rule of thumb is if you don’t think you should post it then don’t. Pornography as an Art Form: If the U.S laws for obscenity and pornography weren’t confusing enough there are different standards for art, including computer generated images (CGI). Since CGI related content is the primary focus of NSFWmods.com, the website's remedy again is the Miller Test and Staff discretion and consensus. This provides for one unified standard and site continuity. Loli/Shota Content and the Depiction of ‘Minors’: This is a contentious situation on gaming websites. Some sites forbid it in totality, others are more lax and some have it as the focal point of their content. It is the position of NSFWmods.com that we do not dictate morality. Our sole concerns are the legality/illegality of all content hosted at NSFWmods and the Community Rules. With this in mind there is an existing standard for Loli/Shota depictions in art. It is considered Protected Free Speech if it passes the Miller Test and is thus legal in the United States. This is of course ‘school life ecchi anime’. There are countless series depicting what could be considered ‘minors’. High School of the Dead, High School DxD, Seikon no Qwaser, Motto To Love Ru and the list continues. In every instance these very popular anime series depict high school aged characters engaged is sensual acts, showing nudity, and in some cases participating in soft core pornography. Despite the content of these series they are Protected Free Speech. They are available for viewing on-line, both censored and uncensored. The uncensored versions can be purchased legally in the U.S. in Blu Ray or DVD format. Loli/Shota content is not illegal by virtue. Like any other art form it is Protected Free Speech unless it is deemed obscene. In summary, the PROTECT Act of 2003 asserts that depictions of sex involving CGI characters that are "virtually indistinguishable" from real children is illegal. Depictions of "fictional beings" that might be considered to appear to be minors having sex is not illegal if they pass the Miller Test. The U.S. Supreme Court ruling in Ashcroft v. Free Speech Coalition held that virtual child pornography is protected free speech, provided that the virtual depictions are not obscene. As this pertains to NSFWmods.com policy, a nude mod that adds fantasy beings who have the physical characteristics of minors and allows the users to engage in sexual activity is just as legal/illegal as a mod that adds fantasy beings who have the physical characteristics of adults. The shape of the CGI body doesn't matter and both are equal under the law. However, a mod that allows the player to use game children in a sexual or obscene manner is illegal and a violation of NSFWmods.com rules. The distinction between ‘fantasy beings’ and ‘children’ is very clear. As a for instance: There is a 'fairy' mod for Skyrim. The mod uses wood elves as the template race so the game will consider them wood elves for purposes of NPC dialogue, etc. The Skyrim game engine does not consider them to be 'children'. The 'fairy' race in the mod is small in stature with elfin ears and assorted skin tones and eye colors. The females are flat-chested with narrow hips. The males are slight of build and not muscular. Both genders are attractive because the targeted downloaders like beautiful characters. As accessories the modder adds butterfly and fairy wings along with assorted antennae as head parts. The modder also includes skimpy or revealing clothing made out of leaves, moss, tree bark, etc. According to U.S. law and the 'No exploitation of children' rule the 'fairy' mod would be Protected Free Speech and thus allowed at NSFWmods.com. As previously stated, the Staff will apply the Miller Test, discretion and consensus, and the Community Rules to make a determination should the need arise. Again uploaders should use the rule of thumb; if you don’t think you should post it then don’t. U.S Federal Laws Concerning Zoophilic Pornography (Depictions of Bestiality): This is another instance of gray areas where the laws regulating obscenity vary from state to state. Under U.S. Federal law, zoophilic pornography (the depiction of bestiality) would be considered obscene if it did not meet the standards of the Miller Test. Legally it could not openly sold, mailed, distributed or imported across state boundaries or within states which prohibit it. Under U.S. law, 'distribution' also includes transmission across the Internet. However, production and mere possession of zoophilic pornography appears to be legal. The only federal law prohibiting zoophilic pornography, is 18 USC 2256, which prohibits distribution in interstate commerce and on federal property (as in a U.S. Postal Office) of child pornography of a minor under 18 years old engaging in the "sexually explicit conduct" of bestiality. At the time of this article, there is not case law or judgments for or against artistic depictions of zoophilic pornography. The legality/illegality has not been determined on the state or Federal level. Using known obscenity standards and standing Supreme Court rulings, artistic representations of zoophilic pornography would have to fail the Miller Test in order to be deemed obscene. To date there haven’t been any instances of pornographic zoophilic art being challenged or government rulings against it being free speech. Again there is an existing standard in art which depicts zoophilic pornography; ‘tentacle hentai’ and ‘demon/monster hentai’. Probably the most iconic hentai of this genre is Urotsukidouji (including Demon Beast Invasion). There are numerous other hentai series depicting humans and distinctly non-human creatures engaging in various sexual acts. Again these series are readily available to view on-line and can be purchased legally in the United States. Going by legal precedence, computer generated imagery that depicts zoophilic pornography is Protected Free Speech provided it passes the Miller Test. Curently there is not a NSFWmods prohibition against pornographic zoophilic game content. The Staff considers it Protected Free Speech. We do not encourge users to upload bestiality content nor do we discourage it. As with any other type of adult content not addressed in the Community Rules the Staff will consider the Miller Test and use our own discretion and consensus to determine if the content is appropriate for NSFWmods.com. Yet again uploaders should use the rule of thumb; if you don’t think you should post it then don’t. In Closing: NSFWmods.com is an adult website ran by adults for adults. One of the goals of this site is to provide a haven for free speech and freedom of artistic expression. Collectively we will not attempt to censor protected free speech or dictate morality. Members are given a level of freedom here they will not find on other gaming websites; cherish it. The NSFWmods Staff 7 Quote Link to comment Share on other sites More sharing options...
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.